Day: February 22, 2017

‘The prison reform agenda in the UK has reached a critical stage of development with new legislation expected in the coming months and the expansion of the ‘Reform Prisons’ model which gives governors greater freedoms.

Nils Öberg will join Rachel O’Brien, who has led the RSA’s work on prisons, to share his experience in prisons and probation – the results, challenges and what the reform agenda in the UK can learn from this.’

‘Westminster Law School are pleased to host a conference exploring the connections between human rights and international criminal justice from the perspective of the institutions of international criminal justice, canvassing academic, practitioner and advocacy vantage points. In particular, this conference seeks to untangle the relationship between international human rights law and international criminal law in the investigation, prosecution and judgment of international crimes.

We are delighted to welcome academics, practitioners and civil society participants to Westminster for the conference, including:

Professor Rob Cryer, University of Birmingham,
Rogier Bartels, Legal Officer in Chambers of the International Criminal Court and
Edward Jeremy, Trial Lawyer in the Office of the Prosecutor of the International Criminal Court’

Does, or should, everyone have a right to a reputation, and if so, should that be the reputation that is desired, deserved, or created? If there is a right to a reputation, should it be malleable to the point of infinity, to be extended, amended, or deleted? And is a posthumous reputation the property of the dead, the next of kin, or a larger community? Cases and statutes from various jurisdictions give varying answers, sometimes reflecting national and regional cultural and historical differences, but the contrasts may point the way for international standards.’

‘Why are there now more than 100 freedom of information laws around the world, even though they help opponents and hinder governments? In a new book, published this month by Manchester University Press, Ben Worthy investigates. He concludes that the main reason is that as a symbolic pledge in opposition FOI laws are hard to resist. Once in power these promises are hard to back down from, though experience suggests that proposed laws are often watered down before being enacted. These findings are summarised here.’

‘In Cavanagh v Witley Parish Council, Queen’s Bench Judgment on 14 February 2017, the Parish Council was found liable in negligence when a large mature lime tree on its land, with severe and extensive decay in the root system extending into the base of the trunk, fell across a road and onto a bus, causing the driver severe injury. It was a busy public road. The tree, which leant towards the road, and was over 20 metres high, was in a high risk position alongside the road, albeit, on cursory observation, in a healthy condition. It required regular inspection by a competent arboriculturalist. The Council’s three-yearly inspection policy with regard to its tree stock was “inadequate”. Inspection should have been more frequent. The Council had been advised to do the survey every two years. The local Borough Council had at the relevant time been operating a one-year inspection in respect of trees in high-risk areas, including apparently healthy trees.’

‘Whatever your opinion on the ethical implications of third party funding in international arbitration, the past six months have seen two firm nods in its favour. These have signaled that, as a method of financing arbitration, it is here to stay.’

‘Claire McCann, an expert on trans equality, analyses the competing arguments in the Family Court’s recent assessment of the children’s “best interests” in the unusual context of a transgender parent and the Charedi Jewish community in North Manchester.’

‘No contacts, no mini-pupillage? Dr Elaine Freer examines the state of work experience at the Bar in light of recent guidance for chambers and her own research on socio-economically disadvantaged aspirant entrants.’

‘Lorraine Cavanagh, barrister of St Johns Buildings, explains the implications of a recent important judgment of the President concerning the English courts’ recognition of permanence orders of Scottish children.’

‘Is it a breach of a local authority’s duty under section 20 of the Children Act 1989, and article 8 of the ECHR, to keep children in foster care without their parent’s consent? This was the question answered by the Court of Appeal in London Borough of Hackney v Williams [2017] EWCA Civ 26.’

‘The last five years have brought important reforms to care proceedings. The Judiciary made proposals for modernising family justice with a focus on strong judicial leadership, judicial continuity and better case management.2 The Family Justice Review3 recommended that the duration of care proceedings should be limited to 26 weeks, that fewer experts should be instructed in proceedings and there should be more limited scrutiny of the care plan, with the court considering only the plan for permanency (care by the parents(s), placement in the extended family, long-term fostering, or adoption) and not matters such as services for the child and contact arrangements. The Review’s recommendations were enacted in the Children and Families Act 2014, supplemented by new procedural rules (the PLO 2014) and implemented on April 22, 2014. This date also marked the opening of the Family Court, replacing the triple jurisdiction of the Family Proceedings Court, the County Court and the High Court. ‘

‘Fees are still too low, but the Bar has developed a better settlement for criminal practitioners to reward advocacy in a fairer and more transparent way. Now it’s up to the profession to make their voices heard and respond to the consultation, as Daniel Oscroft explains.’